The legalities of surrogacy are extremely complex, so it is important that you get legal advice at the start of the process if you are considering the surrogacy route.
If you are the intended parents, you need to apply to the court for Parental Orders in respect of a child born through a surrogacy arrangement, in order to gain the same legal position as natural parents. We offer a fixed fee service for uncontested proceedings for surrogacy Parental Orders.
For more complex surrogacy proceedings and legal arrangements, including where the surrogate mother is based outside the UK, we will charge based on the time we spend on your case.
Parental Order
The Process
Step 1: You will discuss your surrogacy plans with one of our experienced Family Law solicitors, who will take details of your family situation and advise you regarding the legal surrogacy process.
Step 2: We will prepare the application (known as a Petition) which will then be lodged in court with the Local Authority report.
Step 3: The court will appoint a Curator and Reporter (an independent Solicitor) to prepare reports and obtain the necessary consent from the surrogate and any other relevant documentation. We will liaise with the Curator and Reporter as appropriate.
Step 4: The court will authorise service of the proceedings on any interested parties, in other words serving them with legal papers informing them of the proceedings. The court will also set a date for a Hearing.
Step 5: At the Hearing we will represent you and ask the court to grant the Parental Order.
How long will it take?
The Parental Order process can take some considerable time as there are a number of reports that the court requires, but most cases are likely to be resolved within six months.
Costs
We offer a fixed fee service for representation in Parental Order proceedings in the Sheriff Court. Other surrogacy legal services, representation and arrangements will be charged on a time basis at our hourly rates.
Fixed fee service: We charge £1000 plus VAT for representation in Parental Order proceedings in the Sheriff Court, including appearance at one hearing only.
Services charged at an hourly rate: We would charge for our work on any other surrogacy legal matters on a time basis, including time spent on case meetings, emails, phone calls and court representations.
Work will be carried out by a team member at a level appropriate for the complexity of the matter.
We will give you a written quote for our work at the start of the process and keep you informed throughout about any ongoing costs or changes.
Additional third-party costs
- The Sheriff Court charges for lodging the proceedings and the Scottish Courts Service website shows the current fee structure.
- There is also an additional cost of a Curator’s report, which can cost at least £1,000. This is a report commissioned by the court.
Why Thorntons
Thorntons’ expert Family Lawyers will work with you throughout the surrogacy legal process, advising you on the legal complexities and representing your interests in court.